The High Court of Patna rejected the petitioner's bail application in a liquor contraband case, refusing liberty due to the huge recovery and professional nature of the crime, subject to renewal after six months.
Bail application rejected; petitioner remains in custody unless trial concludes within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16108 of 2020
Arising Out of PS. Case No.-28 Year-2019 Thana- BELA INDUSTRIAL DistrictMuzaffarpur
======================================================
Jay Prakash Kumar @ Jay Prakash S/o Ayodhya Singh R/o villageRajarampur, P.S.- Saraiya, District- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 16-06-2020
Heard Mr. N.K. Agrawal, learned senior counsel for
the petitioner and Mr. Suresh Prasad Singh, learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Bela P.S. Case No. 28 of 2019 registered under Sections 272, 273, 414, 120-B of the Indian Penal Code and Sections 30(a), 38(i) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
Regard being had to the huge recovery of Indian made foreign liquor from the factory premises of the petitioner in spite of the fact that the State Government has imposed absolute ban on manufacture, bottling, distribution, sale, purchase, possession and consumption of liquor in the whole State of Bihar and the
Patna High Court CR. MISC. No.16108 of 2020(3) dt.16-06-2020 2/2
professional nature of crime, I am not inclined to grant him bail for the present. The application is rejected.
Since charge-sheet has been submitted, if the trial is
not concluded within six months from today, the petitioner would be at liberty to renew his prayer for bail.
(Ashwani Kumar Singh, J.)
Pradeep/-
U T
1 issue framed by the court
Whether bail should be granted in a case involving huge recovery of liquor contraband under the Bihar Prohibition and Excise Act and IPC.
Jay Prakash Kumar
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
